SHIJAS E.M. Vs. STATE OF KERALA

JUDGEMENT

(1.) These applications are moved by accused Nos. 1 and 2 respectively in Crime No. 260 of 2021 of Central police station, Ernakulam, which was registered after seizing 11.52 grams of MDMA. So the crime was registered alleging offence under Section 22(c) of the Narcotic Drugs and Psychotropic Substances Act. Petitioners are in judicial custody from the date of arrest and thereafter, on conclusion of investigation, charge sheet has already been laid, which is pending before the Special Court for the trial of NDPS Act cases, Ernakulam.

(2.) When taken up, the learned Public Prosecutor has submitted that, at the time of laying the final report, chemical analysis report is not received. Now the chemical analysis report was received from the Chemical Examiner's Laboratory. The chemical examination report dated 03-08-2021, indicates that, it is methaphetamine and not MDMA. That means, what is involved is intermediate quantity of narcotic drug so that Section 22(b) alone can be attracted.

(3.) I heard the learned counsel on both sides.